Project Records - Hearing Examiner
Recent Hearing Examiner Decisions, Agendas, Staff Reports, attachments and Hearing Audio
Hearing Examiner Projects and Associated Documents
Hearing Examiner Decision
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachments
Attachment a Notice of Public Hearing
Attachment b Zoning Map
Attachment c Master Application received January 5, 2022
Attachment d JARPA Application Form received January 5, 2022
Attachment e Notice of Application dated February 18, 2022
Attachment f Environmental Checklist received January 5, 2022
Attachment g SEPA MDNS dated April 5, 2023
Attachment h Site plans submitted January 5, 2022, and December 7, 2022
Attachment i Engineering plans for stair tower submitted February 28, 2023
Attachment j Geotechnical addendum dated March 22, 2022 and original report dated December 4, 2018
Attachment k Zero Rise Analysis info from FEMA, email dated April 13, 2022; and applicant narrative responses submitted March 23, 2023
Attachment l Habitat Assessment (Bi-Op), March 2023
Attachment m Approval memo from Lyndsey Smith, Thurston County Public Health and Social Services Department dated January 9, 2023
Attachment n Comment email from the Squaxin Island Tribe dated January 20, 2022
Attachment o Comment letter from the WA Dept. of Ecology dated February 2, 2022
Attachment p Comment letters from the Nisqually Indian Tribe dated January 21, 2022 and April 6, 2023
Attachment q Department of Archaeology and Historic preservation email dated January 28, 2022
Attachment r Inadvertent Discovery Plan for Thurston County
Hearing Examiner Decision
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachments
Attachment a Notice of Public Hearing
Attachment b Project Narrative
Attachment c Master Application, received October 12, 2022
Attachment d JARPA Application and project narrative, received October 12, 2022
Attachment e JARPA cover sheet, received October 12, 2022
Attachment f Site Plans, received September 21, 2022
Attachment g Project Plan Set, received October 12, 2022
Attachment h NEPA Categorical Exclusion document signed by WSDOT Local Programs, issued September 2, 2021
Attachment i NEPA Categorical Exclusion checklist supplemental documentation, signed by WSDOT
Attachment j NEPA for SEPA adoption documentation, approved by Dept. of Ecology, received October 28, 2021
Attachment k USACE Nationwide Permit verification letter, received October 12, 2022
Attachment l USACE Nationwide Permit #14, received October 12, 2022
Attachment m Notice of Application with Adjacent Property Owners list dated October 21, 2022
Attachment n Wetland/Waterway Delineation Report, dated June 13, 2019
Attachment o Letter from the WA Dept. of Ecology, dated October 28, 2021
Attachment p Project Site Photos
Attachment q Septic Record Drawing
Attachment r Well and Septic Drawing
Attachment s Environmental Health approval memo, May 23, 2023
Attachment t Critical Area Review Permit (CARP) application
Attachment u Mitigation Plan dated May 24, 2023
Attachment v Final Communications Matrix
Exhibits before the Hearing Examiner:
1. Staff Report and attachments below
Attachment a Notice of Public Hearing
Attachment b Zoning/Site Map
Attachment c Master Application, received February 8, 2022
Attachment d Reasonable Use Exception Application, received February 8, 2022
Attachment e Project Description, received February 8, 2022
Attachment f Site Plan, revised February 21, 2023
Attachment g Stream and Wetland Inventory Critical Areas Report, revised July 5, 2022
Attachment h Addendum to Stream and Wetland Inventory Critical Areas Report, September 29, 2022
Attachment i Mitigation Plan, revised July 5, 2022
Attachment j Letter of Map Amendment, FEMA, April 1, 2021
Attachment k Topo survey, flood elevations, March 29, 2021
Attachment l Notice of Application, dated February 18, 2022 and January 6, 2023
Attachment m Comment Memorandum from Lyndsey Smith, Thurston County Public Health and Social Services Department dated January 26, 2023
Attachment n Comment letter from Brad Beach, Nisqually Indian Tribe, dated March 1, 2022 and March 8, 2023
Attachment o Comment emails from Shaun Dinubilo, Squaxin Island Tribe, dated February 24, 2022 and March 13, 2023
Attachment p DAHP concurrence letter, September 9, 2022
Attachment q Master and Forest Conversion Application, received December 19, 2022
Attachment r Environmental Checklist, received December 19, 2022
Attachment s Logging site plan, received December 19, 2022
Attachment t MDNS, issued April 5, 2023
- The record is held open through 5/25 for public comment from members of the public who tried to join the virtual hearing but were unable to join/make comment for technology or access reasons.
- If there is post-hearing comment, Staff and Applicant have until close of business 5/30 to respond in writing.
Other documents that have been admitted that I am waiting for:
The Applicant has agreed to submit a revised proposal the moves the proposed shop closer to the west boundary and/or places some of the square footage on a second floor, thereby reducing the structure’s footprint in the wetland buffer and providing a greater setback from the wetland edge. With the revised site plan, he is requested to submit a narrative description of how the revised proposal meets RUE criteria at TCC 24.45.030.B (no reasonable use with less impact on the critical area or buffer is possible) and .D (proposed reasonable use is limited to the minimum encroachment into the critical area and/or buffer necessary to prevent the denial of all reasonable use of the property). He has also agreed to add additional trees along the wetland edge, and these should be detailed in the revised site plan/narrative.
Exhibit 2 - Not later than June 6th, the Applicant will submit a revised site plan and narrative (written discussion/argument) supporting the project’s compliance with TCC 24.45.030.B and .D.
Exhibit 3 - Not later than June 13th, CPED Staff will submit analysis in response to the revised proposal, including any changes to or additional conditions recommended to ensure compliance with Code in the event of RUE approval.
Exhibit 4 - Not later than June 20th, the Applicant shall submit a final reply to CPED Staff’s response to the revised site plan and narrative.
The record will close on June 20th, or the date the Applicant’s reply to Staff’s response is submitted to the Examiner via the hearing clerk, whichever is earlier, and the decision shall be due 10 business days from the close of the record.
Hearing Examiner Decision
Exhibits before the Hearing Examiner:
1. Staff Report and attachments below
Attachment a Notice of Public Hearing dated May 12, 2023
Attachment b Zoning/Site Map
Attachment c Master Application received May 20, 2019
Attachment d Reasonable Use Exception application received May 20, 2019
Attachment e Site Plan dated 12/15/22
Attachment f Kimmie Street Delineation & Buffer Mitigation Plan Update, dated December 2022
Attachment g High Ground Water map by Bracy & Thomas date stamped September 13, 201
Attachment h Notice of Application dated August 9, 2019 with adjacent property owners list dated August 8, 2019
Attachment i Comment letter from the Nisqually Indian Tribe dated August 12, 2019
Attachment j Email from Arthur Saint, P.E. to Robert Smith, Senior Planner dated August 7, 2019
Attachment k Approval memo from Amy Crass with TC Environmental Health dated July 9, 2019
Attachment l Comment letter from the WA Dept. of Ecology dated June 18, 2019
Attachment m Comment letter from the Nisqually Indian Tribe dated June 5, 2019
Attachment n Comment email from Rhonda Foster with the Squaxin Indian Tribe date June 3, 2019
Attachment o Critical Area Review Clearance for Gopher and Prairie Habitat dated September 19, 2018
Exhibits before the Hearing Examiner:
1. Staff Report and attachments below
Attachment a Notice of Public Hearing, dated May 9, 2023
Attachment b Master Application and Reasonable Use Exception Application, received July 14, 2022
Attachment c Revised Reasonable Use Exception Application, received February 24, 2023
Attachment d Revised RUE Application supplemental answers
Attachment e Notice of Application, sent September 7, 2022
Attachment f Squaxin Island Tribe email, sent September 12, 2022
Attachment g Nisqually Tribe cultural resource request, sent September 13, 2022
Attachment h Site Plan figure 2, received February 24, 2023
Attachment i Site Plan figure 5, received February 24, 2023
Attachment j Impervious Surface Calculations
Attachment k Wetland Delineation and Assessment by Land Services Northwest, drafted February 20, 2023
Attachment l Buffer Enhancement Plan by Land Services Northwest, drafted February 20, 2023
Attachment m Thurston County Environmental Health memo of approval, dated March 23, 2023
Attachment n Communication Matrix, sent October 31, 2022
Attachment o Inadvertant Discovery Plan
Exhibit 2 Staffs proposed changes to Condition 5 and 6
Hearing Examiner Decision-Remand
Clarified Remanded Decision-Remand
Exhibits before the Hearing Examiner:
1. Staff report and attachments
Attachment a Notice of Public Hearing, dated April 11, 2023
Attachment b Master Application and Reasonable Use Exception Application, received June 16, 2021 and revised September 16, 2021
Attachment c RUE Project Description, received October 16, 2022
Attachment d Site plan, received June 16, 2021, and revised December 16, 2022, and revised on April 10, 2023
Attachment e Wetland Delineation Report received June 16, 2021, revised September 16, 2021, and revised on April 10, 2023
Attachment f Mitigation Plan received June 16, 2021, and revised October 16, 2022
Attachment g Wetland A Rating
Attachment h Wetland B Rating
Attachment i Impervious Surface Worksheet
Attachment j Notice of Application for Reasonable Use Exception dated May 4, 2022
Attachment k Approval memo from Amy Crass with Thurston County Environmental Health, dated July 16, 2021
Attachment l Public comment from Mary and Scott Oliver, dated May 23, 2022
Attachment m Public comment from Inge Hart, dated May 20, 2022
Attachment n Public comment from Rich Glatthaar, dated May 24, 2022
Attachment o Public comment from Inge Hart, dated January 19, 2023
Attachment p Applicant’s reply to public comment 1, dated Oct 17, 2022
Attachment q Applicant’s reply to public comment 2, dated Oct 17, 2022
Attachment r Communications Matrix
Attachment s Applicants reply, dated January 20, 2023
Exhibit 2 Email correspondence between Inge Hart, the applicant, and staff
Exhibit 2.A Continued email correspondence
Exhibit 3A Public Comment from Inge Hart, received April 20, 2023
Exhibit 3B Public Comment from Mary and Scott Oliver, received April 21, 2023
Exhibit 4 Septic System Design, dated May 11, 2021
Exhibits before the Hearing Examiner:
1. Staff Report and attachments below
Attachment a Notice of Public Hearing
Attachment b Master and Division of Land Applications, submitted December 1, 2021
Attachment b1 Mazama Pocket Gopher & Prairie Report, drafted August 25, 2021
Attachment b2 Parcel Map Check Report
Attachment bb Deskins Preliminary Plat Master Application revised June 23, 2022
Attachment c Preliminary Plat Notice of Application, mailed February 16, 2022
Attachment d Bulk submittals cover sheet, submitted June 29, 2022
Attachment e Latest Preliminary Plat Maps, submitted June 29, 2022
Attachment f Drainage and Erosion Control Report, dated May 11, 2022
Attachment g Integrated Pest Management Plan, dated August 6, 2021
Attachment g1 Soil Management Plan, submitted June 29, 2022
Attachment h Geotechnical Report, dated June 23, 2022
Attachment i Surrounding Wellhead Exhibit, submitted June 29, 2022
Attachment j Original Variance Application, submitted September 14, 2022
Attachment jj Revised Variance Application with Map, submitted October 20, 2022
Attachment k Landscape Plan, dated June 8, 2022
Attachment l Public Works Roads Variance Request, submitted June 28, 2022
Attachment m Nisqually Tribe memo, dated December 16, 2021
Attachment n Squaxin Island Tribe email, dated December 17, 2021
Attachment o Nisqually Tribe response memo, dated November 9, 2022
Attachment p Squaxin Island Tribe response email, dated March 21, 2023
Attachment q Public Works Water Resources notes, dated March 8, 2022
Attachment r Public Works Water Resources confirmation, dated September 6, 2022
Attachment s WA Dept of Ecology comments, dated March 8, 2022
Attachment t Environmental Health memo, dated November 21, 2022
Attachment u Public Works Development Review memo, Dated November 17, 2022
Attachment v Variance Notice of Application, mailed October 26, 2022
Attachment w Intentionally left blank
Attachment x SEPA DNS, issued March 24, 2023
Attachment y Nisqually Tribe DNS memo, dated March 27, 2023
Attachment z Thurston County Addressing Assignments
Attachment z1 Comment Matrix 1, sent February 15, 2022
Attachment z2 Applicant Response to Comment Matrix 1, dated June 28, 2022
Attachment z3 Comment Matrix 2, sent March 9, 2022
Attachment z4 Comment Matrix 3, sent August 30, 2022
Attachment z5 Comment Matrix 3.1, sent August 31, 2022
Attachment z6 Communications with Applicant, dated August 30-31, 2022
Attachment z7 Applicant Response to Comment Matrix 3.1, dated September 1, 2022
Attachment z8 Comment Matrix 4, sent October 27, 2022
Attachment z9 Communications with Applicant, dated Jan – March 2023
Attachment z10 Comment Matrix 4 reminder email, sent April 3, 2023
Attachment z11 Presubmission Conference Planning notes, sent July 29, 2021
Exhibit 2 Email from the applicant to staff, dated April 25, 2023
Exhibit 3 CPED memo addressing Department’s position on whether variance from TCC 20.45.060 requires official application and notice of application, or not
Exhibit 4 Applicants’ written response to Ex 3 for the record.
Exhibits before the Hearing Examiner:
1. Staff Report and attachments below
Attachment a Notice of Public Hearing
Attachment b Copy of Application
Attachment c Vicinity Map
Attachment d Section/Township/Range Map
Attachment e Plat Map
Attachment f Proposed Boundary Line Adjustment No. 22-104151
2. Appraisal
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report and attachments below
Attachment a Notice of Public Hearing
Attachment b Zoning map
Attachment c Master Application, submitted May 5, 2022
Attachment d Special Use Permit Application, submitted May 5, 2022
Attachment e JARPA Application dated May 5, 2022
Attachment f Project Site plans (undated)
Attachment g Oldport 1 Lift Station Site Plans submitted May 5, 2022
Attachment h Project Narrative dated April 2022, submitted May 5, 2022
Attachment i Notice of Application, dated June 8, 2022 with adjacent property owners list dated June 3, 2022
Attachment j SEPA Determination of Nonsignificance dated September 21, 2022
Attachment k SEPA Environmental Checklist submitted May 5, 2022
Attachment l Zero-rise certification from RH2 dated March 2, 2022
Attachment m Floodplain Habitat Assessment from RH2 dated April 2022
Attachment n Cultural Resources Monitoring and Inadvertent Discovery Plan dated December 5, 2022
Attachment o Landslide Hazard Geotechnical Report by RH2 dated April 22, 2022
Attachment p Technical Memorandum by Shannon & Wilson dated March 17, 2022
Attachment q Approval Memo from Lyndsey Smith, Environmental Health, dated September 26, 2022
Attachment r Approval memo from Arthur Saint with Thurston County Public Works dated October 19, 2022
Attachment s Comment letter from the WA Dept. of Ecology dated July 8, 2022
Attachment t Comment letter from the Nisqually Tribe dated June 21, 2022
Attachment u Email from Brad Beach, THPO with the Nisqually Tribe dated July 13, 2022
Attachment v Email from Shaun Dinublio, Archaeologist with the Squaxin Tribe dated June 13, 2022
Attachment w Emailed questions from Bruce Sutherland dated July 5, 2022
Attachment x Emailed answers to Mr. Sutherland from Dave Matz with RH2 dated July 12, 2022
Attachment y Project plan set (11” x 17”) date received February 1, 2023
Exhibit 2 Public Comment from Barbara Benson, received February 27, 2023
Exhibits before the Hearing Examiner:
Staff Report and attachments
Attachment a Notice of Public Hearing
Attachment b Zoning map
Attachment c Master Application, received May 26, 2017
Attachment d Division of Land Application, received May 26, 2017
Attachment e Forestland Conversion Application, received May 26, 2017
Attachment f SEPA Environmental Checklist Application, received May 26, 2017
Attachment g Project Narrative, revised December 2021
Attachment h Preliminary plat map, dated February 2, 2023
Attachment i Traffic Impact Assessment, May 10, 2017
Attachment j Integrated Pest Management Plan, revised November 29, 2021
Attachment k Preliminary Drainage Report, revised June 2022
Attachment l Stormwater Infiltration and Steep Slope Evaluation, May 19, 2016
Attachment m Mark Biever comment email, dated March 12, 2021
Attachment n Tree Protection and Replacement Plan, revised November 29, 2021
Attachment o Logging site plan, revised December 22, 2022
Attachment p Notice of Application, dated August 2, 2017
Attachment q Address Assignment List
Attachment r Road Variance Application, February 21, 2018
Attachment s Short plat map SS 18-114343, Auditor File Number 4724579
Attachment t Applicant response to Public Works comments, dated March 17, 2021, submitted September 1, 2022
Attachment u Applicant response to criteria in TCC 24.30.310, submitted August 24, 2022
Attachment v Preliminary approval letter from Arthur Saint of the Public Works Department, dated January 12, 2023
Attachment w SEPA recommendation from Arthur Saint of the Public Works Department, dated September 16, 2020
Attachment x Preliminary approval letter from Dawn Peebles of the Environmental Health Department, dated July 27, 2020
Attachment y City of Lacey Conditions, dated April 20, 2022
Attachment z Forest Practice approval letter dated January 17, 2023.
Attachment aa Comment letters from North Thurston Public Schools, dated August 22, 2017, December 28, 2020, and December 27, 2022.
Attachment bb Comment letter from Brad Beach of the Nisqually Indian Tribe dated June 19, 2017, and December 20, 2022
Attachment cc Comment letters from Ecology, dated June 26, 2017, August 22, 2017, and December 30, 2022
Attachment dd Public comments from Pleasant Acres HOA, dated August 21, 2017, and emails dated October 2019
Attachment ee Mitigated Determination of Non-significance, issued December 16, 2022
Attachment ff Wetland Delineation Report, July 2016
Attachment gg Wetland Buffer reduction memo, September 22, 2016
Attachment hh Wetland Mitigation Plan, February 10, 2018
Attachment ii Plat Name Reservation Certificate
Exhibits before the Hearing Examiner:
1. Staff Report including the following attachments
Attachment a Notice of Public Hearing, January 26, 2023
Attachment b Master Application and Reasonable Use Exception application, received December 15, 2021
Attachment c Site plan, received December 15, 2021 and revised Dec 13, 2022
Attachment d Project Narrative, received December 15, 2021
Attachment e Wetland Delineation and Mitigation Report, received December 15, 2021
Attachment f Monitoring and Maintenance Plan, received December 15, 2021, and revision submitted on January 17, 2023
Attachment g Impervious Surface Worksheet, received December 15, 2021
Attachment h Notice of Application for Reasonable Use Exception dated May 18, 2022
Attachment i Comment Letter from Squaxin tribe, May 24, 2022
Attachment j Comment Letter from Nisqually tribe, January 3, 2022
Attachment k Comment Memo from Thurston County Environmental Health, dated December 14, 2022
Attachment l Communications Matrix, received Oct 31, 2022
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachments
Attachment A Notice of Public Hearing, dated December 21 & mailed 23, 2022
Attachment B Master and Reasonable Use Exception Application received, April 22, 2021
Attachment C Original Project Narrative dated, April 20, 2021
Attachment D “Residential Project Review” letter from Abbie Adams, Assistant Planner, February 5, 2021
Attachment E Comment letter from Brad Beach, Nisqually Indian Tribe dated, July January 3, 2023
Attachment F Comment email from Shaun Dinubilo, Squaxin Island Tribe dated, May 10, 2021
Attachment G Comment Memorandum from Amy Crass, Thurston County Public Health and Social Services Department, dated June 2, 2021
Attachment H Email: Mark Biever acceptance of Geotechnical Report, dated December 2, 2022
Attachment I Geotechnical Report, by: All American Geotechnical, dated May 2, 2019
Attachment J Architectural 3-D rendering of proposed deck(s), Dated January 5, 2020
Attachment K Site Plan, date stamp received, July 27, 2020
Attachment L Site Plan, date stamp received, April 22, 2021
Attachment M Residential Permit #19106978, issued August 13, 2019
Attachment N Plat of Johnson Point, Auditor File number 752928
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachments
Attachment a Notice of Public Hearing
Attachment b Zoning map
Attachment c Master Application, submitted April 13, 2022
Attachment d Special Use Permit Application, submitted April 13, 2022
Attachment e Narrative summary, dated April 11, 2022
Attachment f Site plans, submitted November 21, 2022
Attachment g Recorded Easement regarding the site, AFN 3719090, recorded in 2005
Attachment h Notice of Application, dated May 18, 2022 with adjacent property owners list dated May 16, 2022
Attachment i WA State Dept. of Health Local Government Consistency Determination Form signed April 20, 2021
Attachment j WA State Dept. of Health water system approval dated August 27, 2021
Attachment k Thurston County water system decision memo signed by Stephanie Kenny on March 2, 2021
Attachment l Memo from Lyndsey Smith, Environmental Health, dated December 13, 2022
Attachment m Approval memo from Arthur Saint with Thurston County Public Works dated December 19, 2022
Attachment n Comment email from the Squaxin Indian Tribe dated May 24, 2022
Attachment o Comment letter from the Nisqually Tribe dated May 27, 2022
Attachment p Comment email from Kris Hare with a list of questions about the project dated June 9, 2022
Attachment q Letter from Thurston PUD to Kris Hare responding to his list of questions dated August 22, 2022
Attachment r Hawley Hills Reservoir Engineered Abbreviated Drainage Report dated August 5, 2022
Attachment s Half size site plans, submitted November 21, 2022
2. Public Comment from Kris Hare, January 24, 2023